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<br />. <br /> <br />CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />CONDITIONAL USE PERMIT <br />FOR MINERAL EXCAVATION <br /> <br />THIS AGREEMENT, made and entered into this _ day of <br />2006, by and between the CITY OF ELK RIVER, a municipal corporation organized <br />under the laws of the State of Minnesota (City), and A22re2ate Industries - North <br />Central Re2ion. Inc., a Minnesota corporation, hereinafter referred to as <br />(Operator); <br />WITNESSETH: <br /> <br />. <br /> <br />WHEREAS, Operator has made application to City for approval of a <br />conditional use permit to operate a gravel mining operation within the City on <br />property legally described as follows: <br /> <br />The Southeast Quarter of the Southeast Quarter (SE %, of SE %,), of Section 9, <br />and the East Half of the Northeast Quarter (E 12 of NE %,) of Section 16, all <br />in Township 33, Range 26, Sherburne County, Minnesota. <br /> <br />(the Property); and <br /> <br />WHEREAS, the City of Elk River Planning Commission and City <br />Council have held hearings on Operator's request for a conditional use <br />permit, at which hearings all citizens of the City of Elk River and other <br />interested parties have had the opportunity to be heard on the application; <br />and <br /> <br />WHEREAS, the City Council by motion adopted on this _ day of <br />, 2006, an amended conditional use permit for the operation of a <br />gravel mining operation (the Operation) on the Property, subject to certain <br />conditions, including that Operator enter into a conditional use permit <br />agreement with City so as to fully comply with the City's Mineral Excavation, <br />Zoning, and other applicable ordinances; and <br /> <br />. <br />